THE EFFECTIVENESS OF ENVIRONMENTAL LAW IN THE FACE OF URBAN FIRES: AN ANALYSIS OF THE REGULATORY AND ADMINISTRATIVE FRAMEWORK OF JARU/RO

Abstract

This article analyzes the civil liability arising from urban fires in the municipality of Jaru, Rondônia, investigating the actions of the public administration regarding environmental damage and collective health. The central problem lies in the intensification of this phenomenon and the need to set the legal obligations of the municipality entity in the face of omissive or commissive conducts, filling a gap in cool place literature. The adopted methodology consisted of qualitative and documentary research, based on the analysis of the municipality Environmental Code (Law No. 1,827/2013) and the 2025 Emergency Action Plan for the Prevention and Combat of Fires, using the comparative method with classical and contemporary Environmental Law doctrine. The results indicate that Jaru has a robust regulatory framework that strictly prohibits the use of fire in urban and permanent preservation areas (Arts. 48, 119, and 279). It was found that municipal strategies are based on a tripod consisting of legislative rigor, environmental education, and technical inspection, including the use of georeferenced mapping and the construction of firebreaks (aceiros) on private properties, which represent more than 90% of the susceptible territory. The legal analysis reveals that, although the property owner is primarily responsible, the municipality can be held objectively and jointly liable for omission (faute du service), under the theory of full risk (risco integral), if it fails in its duty of vigilance and prevention. It is concluded that the effectiveness in combating fires depends on the municipality's operational capacity to convert norms into field actions and on the consolidation of ecological citizenship. Coordinated municipal action is the central pillar to ensure the constitutional right to a balanced environment and to mitigate severe impacts on public health.